De-Facto Questions (offshore application)

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De-Facto Questions (offshore application)


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  #1 (permalink)  
Old 12-17-2009, 02:33 AM
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De-Facto Questions (offshore application)

Hi Everyone,

This is my first time to leave a post. I'd like to tell you about my situation, maybe you guys can give us some suggestions. Thanks

I come from Hong Kong and my bf of 4 years is Australian. Im staying in Australia right now. Im holding a holiday working visa which will expire in mid-Feb. 2010. Then I will go back to HK and apply an offshore de-facto visa there.

We've been lived together in HK for 5 months. Cos' of job issue, then he went back Australia and we had long distance relationship for 1.5 years. And I come and have been living here since mid-Feb. 2009 with his family.

Here's the problems of the one-year relationship requirement:

1) I have booked a flight to leave on 24th Jan. 10. Which means we have lived together in Australia only about 11.5 months only. Should I change my flight to mid-Feb.? Cos' we thought the time when we stayed in HK will be counted. However, I just find out maybe it doesn't.

2) And in between I flied back to HK about 3 weeks for my sister's wedding. Does it affect?

3) For the proof, we doesn't have any joint bank a/c, joint name utility bills (his parent names). Just our own name bank statements with the same address. Just have phone bills to show that he is the one to pay and im the actual user. But he has been transferring pocket money into my bank a/c since Im in Australia. Is that enough to show we have a geniune relationship together?

4) We're planning to travel when the application is processing. But do we have to submit our passports to the office?

Getting worried and headache about the visa and wondering if anyone can give us some suggestions. Thanks a lot!

Ka


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Old 12-17-2009, 06:56 AM
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Hi there,

I think it would be a good idea to delay your flight a little, to give you a full 12 months. Even if you went back to Hong Kong for the wedding during the 12 months, if you show that you kept in touch for that period, it should be fine.

If you look at past posts from elkitten, she recenlty got a de-facto visa and was in a similar situation in that they had little evidence of joint expenses. She used bank statements for the whole 12 months and highlighted transactions that showed her and her partner spent money on eachother and shared things such as bills and groceries etc. If you partner paid money to your account, it can be used as evidence.

I hope things go well. Let us know how things are going. I will help my partner with his application in the future, so hopefully we can learn from each other


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Old 12-17-2009, 09:17 AM
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Why are you applying off shore?
Dorota


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Old 12-17-2009, 09:52 AM
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Thanks, aussiegirl.

My bf and I both thought it was not too difficult to apply at the start. But when we search more and more information, we find out we have to submit a lot of doc. which some of them we didn't keep (like phone bills to show we still kept in touch). But we're planning to print the chatting history when we were apart as a proof.

And one more thing is do we have to submit our love letter and cards stuff to them? But feeling embarrassed for other people to see the contents.

It's good this forum let us to help each other here. Good luck for your future application. But I believe it will be fine as you have a early preparation. I hope my application will be fine too. Of course I will update my process here for you guys as a reference.


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Old 12-17-2009, 10:01 AM
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xdorota, we know we are able to apply onshore now as the change of regulation.

However, we still decide to apply offshore 1) it is easier for me to collect some doc. which are in HK. Even though I tell my family where i put them, they maybe no idea which are useful. 2) Easier to get the police check 3) cheaper to apply offshore, then I just take the time with my family and friends (esp. to celebrate the chinese new year)

Oh, one question suddenly jump into my mind. Do I have to apply the police check here in Australia? as i stay a year.

Ka


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Old 12-17-2009, 10:50 AM
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Hi Ka,

Yes, u need a police check from here too.

I was just thinking that applying from here would be more beneficial for your application. Since then the immigration office will know that you want to be together, unless your boyfriend would join you to HK. This way you are proving the immigration office that you are genuinely together and can't be away from each other. Just a thought.

Hope I could help.

Cheers,
Katey


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Old 12-17-2009, 01:57 PM
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Hi again. About the cards and letters... although they're personal, you should include a few in your application to show your commitment to and support of eachother, especially if they were sent when you were appart.


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Old 12-17-2009, 10:53 PM
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thanks all of you.

Then I have to apply the police check here before I go.

My bf is planning go to HK and maybe go travelling to Japan around March. Can we arrange both of our interviews in HK? If the interviewer will see him in HK, then maybe better?


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Old 12-18-2009, 12:41 AM
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Hi yeah,
Good idea from Aussie Girl to have a look at what elkitten did and the general structure of building her case.

Likewise with your situation, do not discount the time together in HK and even with the 1.5 years apart you have longevity to your relationship and so anything you can show by way of evidence for the earlier time is only to your benefit.

Even if it is statements from family/friends about your relationship there, something that confirms your partners work movement back to Australia and see if you can get old statements from banks and telephone companies etc.

The other thing to be considered:
If you are resident in Victoria, ACT or Tasmania, you may be able to get your relationship registered and that is of benefit in claiming a partner visa.

Let me know if you are and I can put up relevant link for you, otherwise it is of no relevance.





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Old 12-19-2009, 06:44 AM
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Wandered: im in VIC, but no idea what the relationship registered is...


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